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Decisions of Interest

By ALM Staff | Law Journal Newsletters |

Parenting Agreement Can't Substitute for Separation Agreement

Holding that a “parenting plan agreement” does not constitute a “separation agreement,” the Appellate Division, Fourth Department, ruled that a separated couple's agreement concerning custody and visitation for their three children did not satisfy the “agreement” element of the state's only no-fault grounds for divorce, which requires couples to live apart for at least one year, according to the terms of either a separation agreement or judicial judgment of separation. Scully v. Haar, 67 AD3d 1331, — N.Y.S.2d —-, 2009 WL 3790417 (4th Dept. 11/13/09) (Hurlbutt, J.P., Fahey, Peradotto and Pine, JJ.).

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